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In 2016, Tyson Foods gave a shot in the arm to wage & hour class actions. The case dispelled any notion that Dukes had been the death knell for representative cases. In the two years since Tysons Foods, employers throughout the country have raised a host of new arguments in their attempts to defeat collective and class actions in wage & hour cases including assertions that there is a fundamental inconsistency between Rule 23 opt-out classes and 216(b) opt-in collective actions. This panel will discuss those and other employer arguments to defeat certification, how employee advocates can respond, and how the courts have ruled.
This course has been approved in CA, OK, VT and IL. Please see your state's MCLE site for more information or to find out if attorneys may earn credit through reciprocity or self-submission.
Marc Cote Marc C. Cote is a partner with Frank Freed Subit & Thomas LLP, where he represents employees in individual and class action employment law cases. He has achieved groundbreaking victories for farm workers in Lopez Demetrio v. Sakuma Brothers Farms,...MoreMarc C. Cote is a partner with Frank Freed Subit & Thomas LLP, where he represents employees in individual and class action employment law cases. He has achieved groundbreaking victories for farm workers in Lopez Demetrio v. Sakuma Brothers Farms, Inc. and Carranza v. Dovex Fruit Company. He also regularly litigates wage and hour class actions on behalf of delivery drivers, construction workers, restaurant workers, warehouse workers, and other low-wage workers. Marc is also experienced in enforcing the rights of employees, LLC members, and medical professionals in a wide range of matters outside of wage and hour law, including employment discrimination, severance negotiation, and contract disputes. He is the co-author of the Wage and Hour Law chapter of the Washington Association for Justice Employment Law Deskbook, and he serves on the Washington Employment Lawyers Association Legislative Committee and King County Bar Association Judicial Evaluation Committee. Marc has been named a "Rising Star" by Super Lawyers multiple times. He holds a B.A., summa cum laude, from Seattle University, and he earned his J.D., with high honors, from the University of Washington School of Law, where he served as Executive Articles Editor of the Washington Law Review. Collapse
Caitlin Madden Caitlin Madden is a wage and hour attorney at Hawks Quindel, S.C. in Madison, Wisconsin. She represents employees in wage and hour class actions, as well as employment discrimination matters. In 2016, she argued Lewis v. Epic Systems before the...MoreCaitlin Madden is a wage and hour attorney at Hawks Quindel, S.C. in Madison, Wisconsin. She represents employees in wage and hour class actions, as well as employment discrimination matters. In 2016, she argued Lewis v. Epic Systems before the Seventh Circuit Court of Appeals, leading to the court's ruling that employers cannot bar employees from joining together to bring legal claims. Collapse
June 29, 2018
Program Titles and Supporting Materials
This program contains the following components:
Wage & Hour Class & Collective Actions Two Years After Tyson Foods - Audio
Wage & Hour Class & Collective Actions Two Years After Tyson Foods - Paper
How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed
internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.
Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below).
If electing credit for this program, registrants in jurisdictions not listed below will receive a
Certificate of Completion that may or may not meet credit requirements in other jurisdictions.
Where applicable, credit will be only awarded to a paid registrant completing
all the requirements of the program as determined by the selected accreditation authority.